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Trump v. Slaughter · ¶18

A divided Court of Appeals denied the Government’s motion for a stay pending appeal. 2025 WL 2551247 (CADC, Sept. 2, 2025) (per curiam). The panel held that the Government has “no prospect of success on appeal,” as this very issue had been settled by Humphrey’s Executor. 2025 WL 2551247, *3. Judge Rao dissented, explaining that Humph rey’s Executor does not license a “headless fourth branch” of independent agencies exercising “considerable executive power.” 2025 WL 2551247, *13 (quoting Trump v. Wilcox, 605 U. S. ___, ___ (2025) (slip op., at 1)).
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slip opinion, revised 7/07/26
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